LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS – transposition of Directive 96/71/EC into National Law Chapter IIa “Working conditions of.

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LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS – transposition of Directive 96/71/EC into National Law Chapter IIa “Working conditions of employees posted to Poland from a Member State of the European Union”, section II of Labour Code art. 67(1) - 67(4) of Labour Code.

LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS An employer based in a member country of the European Union sending a worker to Poland to carry out work for a fixed period:  as part of the contract drawn up between the employer and a foreign organisation,  in a foreign branch (subsidiary) of the employer,  acting as a temporary work agency, - must guarantee the worker, in the areas set out in article 67(2) of the Labour Code, working conditions at least as favourable as those provided for by the Labour Code and by the other legal provisions relating to the rights and responsibilities of workers. Art. 67(1) of the Labour Code

LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS Conditions of employment concern: 1) the times and the length of work, daily and weekly rest periods, 2) the length of leave, 3) the minimum wage, determined based on the specific legal provisions, 4) increases in pay in respect of extra time worked. Art. 67(2) of the Labour Code

LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS Conditions of employment concern (continued): 5) health and safety at work, 6) employees’ rights in connection with maternity and paternity, 7) the recruitment of young people and the carrying out of work and other paid activities by children, 8) the prohibition of discrimination in employment, 9) the carrying out of work according to the legal provisions relating to the employment of temporary workers. Art. 67(2) of the Labour Code

LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS In respect of workers on a posting who, having the qualifications required for their current position, are - for a maximum of one week per year starting from the day they first took up their position - carrying out preliminary assembly or installation work outside of the building sector, as part of a contract undertaken by the employer with a foreign entity and the execution of which is essential for the use of the products delivered, the regulations of Polish labour law do not apply in respect of: length of leave, minimum wage, increases in pay in respect of extra time worked. Art. 67(2) § 2 of the Labour Code.

LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS In the case of work carried out on Polish territory by a worker posted by an employer based in a country not a member of the European Union, the respective regulations of Articles 67(1) and 67(2) of the Labour Code apply. A rt. 67(3) of the Labour Code.

LEGAL PROVISIONS IN POLAND CONCERNING THE POSTING OF WORKERS The provisions of Articles 67(1) to 67(3) of the Labour Code do not apply to merchant navy companies in respect of the crews of seagoing merchant vessels, when the employer is based in an EU Member State or in a Member State of the European Free Trade Association (EFTA) signed up to the Agreement on the European Economic Area. Art. 67(4) of the Labour Code.